Order reversed insofar as appealed from, on the law, the aforesaid branch of defendant's motion is denied, the jury verdict convicting defendant of two counts of promoting gambling in the first degree and one count of possession of gambling records in the first degree is reinstated, and the case is remitted to Criminal Term for sentencing.
In setting aside a jury verdict pursuant to CPL 330.30 (subd 1), the trial court must "of course assume that the jury credited...
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